Workers’ Comp Frequently Asked Questions

I have extensive knowledge of the law, experience in handling similar cases, strong communication skills, and the capacity to effectively advocate for my clients' rights and interests. I have practiced workers' compensation law for over twenty-two years. It’s what I do. I understand the law and commit the necessary time and resources to achieve success.  I will not be intimidated, and we will recover every penny owed by the insurance company.   I have successfully used this approach, recovering tens of millions of dollars for my clients.  My winning track record is not a coincidence, and it is no accident that we have achieved some of the highest Workers’ Compensation Section 32 settlements in the state. 

It’s a no-fault system for injuries that occur on the job.  It provides you with lost wages and medical expenses.  It doesn’t matter who was at fault; your wages and medical should be covered. 

Rarely. If your employer intended to cause you harm, then “yes,” your employer can be sued.  Generally, they are not liable for negligence or even recklessness. The no-fault exception protects them from a lawsuit unless their conduct was intentional or resulted in a grave injury.   Basically, anything short of your employer purposely trying to hurt you, your claim is limited to workers’ compensation.  If, on the other hand, someone other than your coworker was negligent and that contributed to you being injured, you likely can bring a separate lawsuit.  If there is a viable lawsuit, we will discuss the pros and cons of pursuing your claim under comp or through a negligence action.  

You can sue a third party for injuries that occur at the workplace.  Call me, and we will discuss the particulars to determine if you have a case. If you have a personal injury case against a third party, my office will ensure that you are connected with the best personal attorney in the area.  

My best advice is to call me. There is no one-size-fits-all guidance, as every case is unique. Many things can go wrong if you are unprepared for your examination or don’t know what to expect.  Remember, the IME serves the insurance company, not you.  There is nothing “independent” about them. Speak with an attorney before going to your exam.   Very often, the insurance carrier will hire a private investigator to surveil you before and after the examination to see if they can catch you doing something you told the IME you could not perform.

Most of the time, this is due to a change in your disability status, either because you attended an IME or because your doctor reduced your disability rating. You are paid for being out of work, but at a rate equal to your disability. Partial disability payments are based on a percentage of your average weekly wage.  For instance, if you were earning $600.00 per week and were 100% temporarily disabled, you would be eligible for two-thirds of $600.00, which is $400.00.  If your disability rating decreased to 75%, your payment would be reduced to $300.00.   Once you are partially disabled, you have an obligation to look for work. 

It is an additional cash payment for the permanent loss of function in a specific body part, determined by a schedule that lists the maximum weeks of benefits based on the type of injury. For example, an injured body part, such as an arm, is valued at 312 weeks. If you experience a 10% loss of use, the award will total 31.2 weeks, payable at the maximum rate, minus any amounts previously awarded.  You are eligible for this award even if you have no lost time from work or have returned to work in a full-time capacity.  The award compensates you for the anticipated loss of earnings you are expected to suffer from your injury.  It is not a settlement, which means you are still eligible for medical care, and if your condition worsens, you can file for an increase down the road. 

You need to visit the doctor every 90 days.  Your doctor must provide an update on your ongoing disability.   If you do not visit the doctor every 90 days, the insurance company may suspend your weekly payments. 

Will we combine your income from both jobs.

You may be eligible for reduced earnings benefits. As long as your injury keeps you from returning to your pre-injury wages, you will be entitled to two-thirds of the difference between your current earnings and your pre-injury earnings

If there is a lack of communication or experience, if they show disorganization or incompetence, or if they are not adequately protecting your interests, then yes, I will take over the case. 

Never settle your case unless you fully understand what you are giving up. The decision to settle depends on your specific circumstances, including the nature and extent of your injuries, your ability to return to work, your eligibility for Social Security Disability, potential third-party actions, and the possibility of future medical needs. It is crucial to consult with an attorney to assess your situation and fully grasp the implications of settling versus pursuing your claim.   Never let an insurance company intimidate you or wear you down to the point where you settle out of frustration.  Once you settle, you cannot reopen it.   

This is a growing issue that has become increasingly common. Those in charge at Workers’ Compensation believe it is a good idea to implement medicine based on the numbers—a one-size-fits-all approach.   If the requested treatment does not align with the standards outlined in the Medical Treatment Guidelines or if the request is slightly flawed, the insurance company will likely deny it.  Level One is usually a procedural denial, while Level Two typically involves a peer review. If the Level Two review is denied, your doctor must request a Level Three review from the Medical Director’s Office.  There is little point in requesting a hearing on a Level Two denial, even though the law allows it, as the Board is likely to delay or ignore the request.  Consult your doctor and have them request a Level Three review. If the Level Three review goes to the Medical Director's Office and they deny it, the Board will allow me to present the denial to a judge. To avoid unnecessary delays, I strongly recommend discussing this matter with me so we can address any flaws so that you can discuss the flaws with your doctor.  This way, the doctor has a better chance of having the treatment authorized, and it avoids unnecessary delays.  

Yes. Failing to do so will result in the loss of your eligibility for payments.  First, reach out to your employer to determine if they can accommodate your limitations and restrictions.  If they cannot, you will need to seek positions that can. You may be eligible to collect unemployment if you are partially disabled and your employer is unable to accommodate your limitations and restrictions.  Please discuss this with my office before applying for unemployment.   The law requires you to conduct a well-documented search for work within your limitations and restrictions.  You need to document who, when, where, and the outcome of every job search. You must participate in either ACESS-VR or OneStop. If you are searching online, for example on Indeed, it is vital that you keep your search history.  Do not apply to jobs that you cannot physically perform, as this will demonstrate bad faith. Look every day, as your search must be diligent and persistent. If the judge has directed you to produce a job search, it is very important that you follow his directive. It is easier to stay attached to the labor market than to go through multiple hearings to demonstrate that you have reattached.